Terms of Service
Slickcall is a company registered under the laws of the United States and with the address 33 Wood Avenue South, Suite 600, Iselin, NJ, 08830 United States. (“Slickcall”, “us”, “our” or “we”).
- We will not license the App or other parts of the Services to you if you do not agree to the terms and conditions of the Terms of Service as well as you stop using the APP, the Site, and the Services.
- You may not use our Services if you are living in such jurisdiction where it is illegal to use internet telephony or other parts of the Services which we offer.
- After a time period of 12 months of inactivity, any purchased Slickcall credit will expire.
- NO EMERGENCY CALLS - The App and other Services offered by Slickcall are not intended to substitute or replace your ordinary or fixed-line telephone services. The Slickcall app and services are not responsible to support or carry emergency calls to any type of medical care unit, hospitals, law enforcement, or any type of emergency situation. Furthermore, Slickcall is not accountable to support calls to operators or directory inquiry services. Make sure you have alternative methods to support such calls.
IMPORTANT ARBITRATION NOTICE FOR AMERICAN CUSTOMERS - PLEASE READ CAREFULLY: THE SERVICE CONDITIONS INCLUDE A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER IN THE MANDATORY ARBITRATION PROVISION. ALL CLAIMS ARE REQUIRED BY THE TERMS OF SERVICES TO BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT AND ON AN INDIVIDUAL BASIS. FOR DETAILS ON ARBITRATION, PLEASE REVIEW SECTION 5.4 "APPLICABLE LAW AND DISPUTE RESOLUTION" BELOW.
- ACCEPTANCE OF TERMS OF SERVICE
You agree to be bound by the Terms of Services If you (i) click accept in the signup flow or otherwise agree to the Terms of Service, or (ii) access the website of Slickcall www.slickcall.com or any other site conducted by Slickcall from time to time; or (iii) download or use application of Slickcall for your mobile device (an “App”); or (iv) purchase any product or use the Services. You may not activate or use the services if you don’t agree to the Terms of Service. Once you agreed with the Terms of Services established a binding consent between you and Slickcall. Also, by downloading the App from Google Play or App Store you accept the applicable terms of the license of Apple and Google which will bind you.
Slickcall may make changes to the Terms of Services now and then and will publish them at the Site.
The updated Terms of Service will be posted on Slickcall's website. Unless otherwise stated herein, and with the exception of non-material changes (which will effect when published or as otherwise stated), changes to the Terms of Service will be effective following thirty (30) days after they are published (reference is made to the Date last updated and published on the bottom of the document), unless You accept the changes before that time. We may provide you notices of major changes via e-mail, in-app notifications, a notice on the Site, or other methods we feel is appropriate. At our sole discretion, we may additionally provide you with notice of non-material changes.
Please go over the Terms of Service on a frequent basis. You acknowledge and agree that by continuing to use the Site, App, or Services after the date of publication, you are indicating your acceptance of the amended Terms of Service. You should agree to stop accessing and/or using the Site, the App, or any other component of the Services immediately if you do not accept any amendment to the Terms of Service.
- THE SERVICES
Slickcall Network Inc. is the holder and owner of the Slickcall App, website, and the associated technical platform through which Slickcall offers a collection of different high-quality products to the app users. Slickcall offers you to call internationally at low rates. Whether the services and products provided by Slickcall itself or by an external partner to Slickcall, the above-mentioned services are henceforth defined as the “Slickcall Customer Platform”.
Slickcall uses internet routing to provide calling services. We offer termination throughout the globe. We do not assure that termination will be supported for all phone numbers or in all the countries or that we always will support termination to any specific phone number or country. We have not stated that our Services are available for use in any defined location. Slickcall services are not intended to be used for calls within one country.
You may also use our prepaid plan services as a registered Slickcall customer, which allows you to purchase a prepaid airtime plan for communication (as further described below and on the Site) (hereinafter the "Prepaid Plan Services").
These communication services, along with the Slickcall Customer Platform and all other services, products, features, functionalities, and/or interactions described in this document or presented on the Site or otherwise provided or made available to you by Slickcall from periodically, and also the App and the Site, are generally referred to as the "Services" in these Terms of Service. Any and all software and all types of codes (source code, binary code, etc.) made available to you or otherwise used by Slickcall or you in relation to the use of the App or the Site or otherwise provided in relation to the provision of the Services (the "Software") shall be referred to as "Services."
You should be clear that some of the items and services available to you in the App or elsewhere on the Slickcall Customer Platform are offered and provided by our Partners, rather than by us (the "Partner Services"). When you utilize the Partner Services, you will be bound by the Partner Agreements (the "Partner Agreements"). The Partner Agreements are a distinct contract between you and our Partners that regulates your usage of the Partner Services along with your relationship with them. Before using any Partner Services, you should read any Partner Agreements and privacy policies.
2.1 Intellectual property rights, licenses, etc.
We allow you a limited, non-transferable, non-exclusive, non-sublicensable, revocable license to use and access the App, the Site, and other parts of our Services. You are allowed to download one copy of the App onto a device that you control and view. You can use and display the App on the devices for your personal, noncommercial purposes only. We reserve all the rights.
We authorize you to use the App on the basis of these Terms of Services and subject to any rules or policies applied by Apple Inc. and Google Inc., or any other entity that is a part of the Apple or Google group. We have not made this App to sell. We remain the owners of the App for a lifetime.
You have not given any right to copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, the Site, or, to the extent applicable, any other part of the Services. You are not allowed to bring changes in proprietary right notices that may be pinned to or contained within the Software. You shall not access the Software, the App, the Site, or other Services in order to build a similar or competitive website, product, or service.
Open-source software may be used in the software. Any use, reproduction, and distribution of components of the Software licensed under an open-source software license are governed by the terms of such open-source software license. However, to the extent of acceptability under such open-source software license and otherwise, if applicable, the Terms of Service shall take precedence over such open-source software license.
You must know that you have no right to access the App or other parts of the Services in source-code-form.
All ownership and intellectual property rights in or to the software, the App, to the extent applicable, the website, and other parts of the Services and derivative works and copies thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade secrets, and proprietary know-how, shall be owned and vested in Slickcall or Slickcall licensors, and nothing in these. As previously mentioned, you are solely allowed to the limited license to the Services granted under the supervision of these Terms of Service. Moreover, Slickcall has the authority to terminate the license granted to you at any time at its sole discretion.
Slickcall has the right to remove any material posted to the Site or the App at its sole discretion.
2.2. Use of Services
You make an agreement to use the Services in compliance with the Terms of Services and all applicable law, regulation, or accepted practices or guidelines in the presence of relevant jurisdictions without limitation any applicable export laws and regulations.
It is your duty to determine whether or not you are legally permitted to use the Services in your location. If any laws restrict or disallow you from using the Services, you must respect such laws or, if appropriate, stop accessing and/or using the Services.
Slickcall’s voice communication service is neither a regular telephone service or a substitute for your primary telephone service, as you accept and understand. There are significant differences between regular telephone service and Slickcall’s voice communication services (some of which are explained in this Agreement, but not all of them are).
You understand that the Services' goods, features, functionality, and other aspects may change over time. Slickcall reserves the right to amend the form and character of the Services at any time without prior notice to you. This could mean, among other things, that future versions of the Software or the App may be incompatible with applications created on or for previous versions. Additionally, at Slickcall's sole discretion and without prior notice to you, Slickcall may discontinue (permanently or temporarily) to provide the Services to you or to users in general.
You accept that you are solely responsible for any data, content, or resources that you transfer over the Services, as well as the ramifications of such activities (and that Slickcall has no liability to you or any other third party) including any loss or damage which Slickcall or any third party may suffer.
The Services are solely for your personal use. You are not permitted to resell or commercialize the Services to anyone else.
2.3. Jurisdictional restrictions
If you belong to such jurisdiction where offering or using internet telephony or other features of the Services is banned by law, you may not use the Services in such jurisdiction. It is your duty to evaluate whether or not you are legally permitted to use the Services in your location.
2.4. Third-party services
You acknowledge that your ability to access the Services is relying on third-party services, such as international carriers, local terminating partners, and your local telecom and mobile operator (each a "Provider").
You realize and agree that the Services supplied by us are not a substitute for your primary telephone service or a traditional mobile or fixed-line telephone service. Note that some Providers may prohibit or restrict the use of Voice over Internet Protocol ("VoIP") capabilities or other elements of the Services, as well as charge additional costs for doing so. You are solely committed to ensuring that the use of the Services is permitted in accordance with any contractual obligations you may have with your mobile operator (or any other Provider in regard to the use of the Services), and for confirming and paying any imposed additional fees.
Please note that once a Prepaid Plan transaction is completed, Slickcall has no direct authority over the pre-paid airtime value or plan and that the recipient's local mobile network operator's terms and conditions will implement to the recipient's consumption of such pre-paid airtime value or use of such prepaid plan. In relation to Prepaid Plan Services, Slickcall will not be held liable for the actions or failures of a local mobile network provider.
2.5. Your Account
You must register as a user with Slickcall in order to utilize the Services. You will be given access to your Slickcall account once you have completed the registration process (the "Account"). When registering for the Services and making any future changes to the information in your Account, you commit to submitting true, accurate, up-to-date, and full information, irrespective of whether any fields are required. We reserve the right to alter your password/PIN and account name at any time and without notice at our sole discretion.
We recommend that you should choose a difficult-to-guess password/PIN for your Account to keep it safe. It is your responsibility to make sure you do not answer any unauthorized demands for a credit card or payment method information, passwords/PINs, or other personal information. Without limiting the above, Slickcall may, in some geographic locations, provide you the option of having an authorized Slickcall agent register your Account on your behalf if you have a US phone number (prefix+1).
You are obligated for all usage of the Services that would be or can be linked to your Account including any deceitful use. You promise not to share or exchange your Account details with anyone else.
2.6. Unauthorized use, stolen device
You are fully accountable for all activities that take place in or are otherwise associated with your account, whether they are carried out by You or a third party and whether or not they are authorized. Any unauthorized access to the Account is not the concern of Slickcall. If you suspect that your mobile phone or another device on which you are using the Services ("Device") is stolen or otherwise that an unwanted third party is using the Account, or if your password/PIN or any other account information is lost or stolen, you must contact Slickcall immediately to cancel the Services and block your Account. Until the Services are terminated and the Account is deleted, you are responsible for all charges to your Account.
In line with Section 4 "Termination and Suspension," you may terminate the Account and discontinue the Services at any time. Slickcall will not be held liable if you fail to comply with the duties set forth in Section 2.6 "Unauthorized usage, stolen device."
2.7. Prohibited use and restrictions
You pledge to only use the Services in accordance with the Terms of Service and to follow all applicable laws, regulations, and generally accepted practices or standards in the respective jurisdictions. If any laws limit or forbid you from using the Services, you must abide by such laws or, if appropriate, stop accessing and/or using the Services. The following list of prohibited conduct is not exhaustive and should not be construed as such. You may not, and you agree not to:
- act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the App, any Services, or any operating system; use the Services for any unlawful purpose or in any manner inconsistent with the Terms of Service;
- infringing any Slickcall's or any third party's intellectual property rights in connection with your use of the Services (to the extent such usage is not granted by these Terms of Service);
- transmit any defamatory, offensive, or otherwise objectionable communications in connection with your use of the Services;
- use the Services to send spam communications or any other communication that is not permitted by applicable law, or to engage in scamming or pharming, or to impersonate or misrepresent an association with another person or entity;
- use the Services in a way that could harm, disable, overburden, impair, or undermine Slickcall's or any third-systems party's or security, or cause other users to be adversely affected;
- attempt to decode any transmissions to or from the servers that run our Services; or harvest any information or data from the Services or our systems;
- submit or post to the Site, or otherwise disclose or use anything or content that violates a third party's intellectual property rights or abuses a third party's rights;
- submit or post to the Site, or otherwise expose any third party to, any material or content that is, in Slickcall's sole judgment, illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic is objectionable;
- any communication that is not intended for you to cut off, monitor, damage, or edit;
- sell, assign, rent, lease, distribute, market, disclose, export, import, act as a mediator or provider, or otherwise grant third-party rights to the Services (or any part thereof);
- use the Services (or any element of them) to create or provide commercial products or services for third parties (this does not restrict you from using the Services for your own business communications); and/or
- any illegal use of the Account, Site, App, Software, or other parts of the Services
The following should be mentioned with respect to Slickcall's limitless deals. These plans provide unlimited international calling services as described here and on the Site (third-party fees may apply; see Section 2.4 "Third-party services" for more information). You agree and consent that Slickcall's unlimited plans are solely intended for personal, non-commercial usage to conventional landline and mobile numbers in subscriber countries. You may be able to use virtual numbers with Slickcall. When you first sign up with virtual numbers, you won't receive a complimentary $2 calling credit (by way of example special, premium and service are excluded).
Without limiting the generality of the preceding, the following practices are always considered unlicensed use: reselling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; and calling numbers (singly, sequentially, or automatically) to generate income for yourself.
Unusual calling patterns that are not compatible with conventional subscription usage may likewise be considered illegal. In making its decision, Slickcall reserves the right to consider any illegal, forbidden, abnormal, or unusual behavior. Excessive conferencing or call forwarding, calls to several numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue, and/or frequent excessive usage will be regarded as indicative of such unauthorized or excessive use.
If Slickcall concludes you are using your unlimited deal in violation of the Terms of Service, Slickcall may, at its decision, immediately restrict the Services in respect to you and/or discontinue the Terms of Service with you.
2.8. Submission of information to Slickcall
You agree that any comments, suggestions, feedback, documents, content, or other material or information provided, shared, or published by you as "Feedback" in connection with the Services or otherwise in your contacts with Slickcall (including, but not limited to, the use of blogs, forums, and support websites) is non-proprietary, non-exclusive, and non-confidential. You grant Slickcall a royalty-free, permanent, transferable, sub-licensable, royalty-free, worldwide license to use, make, have created, create derivative works, disseminate, and market your Feedback in any way and for any purpose. You recognize that you are solely responsible for the legality, reliability, appropriateness, originality, and copyright of any material or information you contribute.
2.9. Disclosure of information
Slickcall retains the right to disclose any data or information (in any form) as it considers essential to cope with any applicable law, regulation, legal process, or governmental request, or to edit, refuse to publish, remove, or limit any information or materials, in the whole or in part, at any time.
2.10. No warranties
YOU AGREE AND EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM AND EXCLUDE ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS WE DO NOT GUARANTEE THAT THE SERVICES WILL NOT INTERFERE WITH YOUR ENJOYMENT OF THEM. THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR DEFECTS IN THE SERVICES WILL BE FIXED. NO INFORMATION OR ADVICE GIVEN BY US, WRITTEN OR ORAL, SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF THE SERVICES THAT CAUSE ANY DEFECTS. FURTHERMORE, YOU AGREE THAT SLICKCALL CAN NOT ENSURE THAT INFORMATION OR COMMUNICATIONS TRANSMITTED IN CONNECTION WITH THE USE OF SERVICES WILL NOT BE INTERCEPTED BY LAW ENFORCEMENT OFFICERS OR OTHER THIRD PARTIES. CERTAIN RIGHTS MAY EXIST UNDER YOUR LOCAL LAW. IF THESE RIGHTS APPLY, THEN NOTHING IN THESE TERMS IS INTENDED TO AFFECT THEM. YOU ACKNOWLEDGE THAT TELECOMMUNICATIONS SYSTEMS ARE NOT FAIL-PROOF AND THAT DOWNTIME WILL OCCUR ONCE IN A WHILE. THERE WILL BE NO LOSS.
2.11. Suspension and interruption of the Services
Slickcall has the right to refuse to provide, restrict, limit, change, remove, disable, suspend, and/or impede or interrupt the Services or any part thereof, at any time and without notice to you, for the repair, improvement, and/or upgrade of the Services, or for any of the reasons for termination set forth in the Terms of Service, or for any corporate or business reason.
2.12. Content of communication
The individual from whom such content originates has complete control over the content of communications made using the Services. As a result, you may be exposed to offensive, harmful, indecent, or otherwise objectionable content. Slickcall will not be held accountable for any communication that is spread through the Services.
2.13. No emergency calls
Slickcall is not obligated in any way for emergency calls to hospitals, law enforcement agencies, medical care units, or any other form of emergency services. If another user uses your Account with your permission, you are responsible for informing that user that the Services do not support or carry emergency calls. You must make adjustments in order for making such calls if you or anyone else using your Account/Device.
2.14. Slickcall Calling
As described in these Terms of Service, on the Site, and in the App, the feature Slickcall Calling provides low-cost international calling services to App users. You will be able to make and receive calls as a Slickcall App user who has subscribed to Slickcall Calling.
Since Slickcall may employ a combination of internet routing and virtual local numbers to provide its services via the App, you expressly accept and agree that third-party fees may apply to you when "activating" a call, as mentioned above. For more information, read Sections 2.4 and 3.4, "Third-party services" and "Out-of-country usage."
2.15. Prepaid Plan Services
On the terms and conditions set forth on the Site or otherwise in these Terms of Service, Slickcall allows you to transfer a prepaid airtime plan for communication or data transmission capacity to a phone subscription account registered to an end-user with certain mobile network operators in certain countries.
You will be able to purchase Prepaid Plans for transfer to receiving end-users by accessing the Site or App in the denominations, quantities, capacity, and time periods displayed in the user interface at the time of purchase. Please keep in mind that there may be limits on the total amount or number of prepaid plans you can transfer at any given time. All Prepaid Plan values are indicated VAT inclusive (where applicable) and inclusive of Slickcall service charges.
The payment card or other offered payment method that you have registered with your Slickcall Account or otherwise give to us will be billed for the Prepaid Plan that you purchase. All transactions made with your Slickcall Account are your responsibility. You authorize us to transfer the Prepaid Plan that you ordered to the mobile telephone number (the "MSISDN") that you have identified by completing the Prepaid Plan transaction as described on the Site. Slickcall will upon acceptance of your order for a Prepaid Plan make a reservation corresponding to the cost of the value and the transfer service to your specified payment method, and will upon successful completion of the Prepaid Plan transaction, debit such cost from such payment methods.
The value transferred cannot be returned or deleted from the recipient MSISDN once the Prepaid Plan transaction has been successfully performed, as you will be notified. Please keep in mind that if you send a Prepaid Plan to the wrong MSISDN, Slickcall will not be held responsible.
If you discover that a Prepaid Plan transaction you have begun, for which you have been charged, has not reached the MSISDN you specified, you must notify Slickcall as fast as possible and provide us with underlying documentation proving the cost you were charged and identifying the MSISDN to which you ordered the Prepaid Plan. If the Prepaid Plan transaction is not successfully completed and you are to blame, we have the right to charge you any fees associated with crediting value to your designated payment method.
- PAYMENT, RATES, AND ACCOUNTS
To purchase the Services, you may register a payment card with your Slickcall account for your convenience.
You must pay Slickcall the rates (offers, deals, plans, or similar) as stated on the Site or in the App in order to purchase credits for the calling service (including Prepaid Plan Services) and to charge your Account. You must use the payment setups and methods made available to you by Slickcall periodically. You can either make payments manually or use the automatic recharging feature (which may be activated or deactivated by you).
If you enable the automatic recharge function, your Account balance will be automatically recharged with a pre-determined amount (or an offer, deal, plan, or similar purchase of the product will be renewed) if it falls below a specific level or at pre-determined periodic intervals (as applicable). You will be charged using the payment method you established with your Account. The automatic recharging functionality is turned on by default, but you can turn it off at any time by logging into your account.
Subscriptions are automatically renewed unless you cancel them before the new subscription period begins. For your use of the Prepaid Plan Service, Slickcall holds the right to charge you a service fee. This service charge will not be notified to you separately but will be included in the amount debited to the designated payment method as defined in these Terms of Service.
All transactions are handled by a third-party payment processor ("Payment Processor"). You agree to provide complete and accurate payment information, and that payment transactions will be processed in accordance with the Payment Processor's terms, conditions, and policies, including privacy policies, as well as the terms, conditions, and policies of your credit or debit card issuer or other payment service provider. Payments for Partner Services will be made directly to the Partners for the avoidance of ambiguity (the Partners shall also be responsible to process the payments).
3.2. Invite Bonus
Users shall get a referral bonus of $5 once the referred user adds credit to their account subject to the following conditions:
- All payments and credits made as part of this campaign are non-transferable and non-refundable.
- Referrals shall only be considered when the users use the link in your invite email to sign-up for Slickcall.
- Until further notice, the campaign shall remain valid.
- When the user who created an account using the link in your invite email makes their first payment, your account is accredited with a $5 bonus. The bonus shall not be valid for any free deals.
- Slickcall reserves the right to terminate or reject the campaign for any reason and at any time, at the sole discretion of Slickcall.
- In case of fraudulent behavior or misuse, Slickcall reserves the right to withdraw previously issued bonuses.
- The goal of this campaign is to encourage the use of this service and gain new subscribers. Therefore, a person cannot “refer themselves” by using different phone numbers and making several accounts. This kind of action shall be deemed as a misuse of the service and is against the purpose of this campaign.
3.3. Rates and VAT
The Services' pricing is available on the Site. Slickcall maintains the right to change rates (offers, packages, subscriptions, plans, and other similar items) at any moment and without warning. Following the announcement of the new prices, the new charges will apply to your next phone call, membership renewal term, or other use of the Services (as applicable). If you do not agree to the rate modification, you must stop using the Services or cancel your membership. There are no refunds available. You agree that by continuing to use the Services after the rates have been adjusted, you accept those changes.
3.4. Minute rounding
The duration of a call is evaluated in one-minute increments, which means that the duration is rounded up to the next minute. For example, if you call for 7 minutes and 10 seconds, the call will be rounded up to 8 minutes.
3.5. Out-of-country usage
If you connect to that as the Services while you are in a country other than the country associated with your base/fixed network, mobile phone operator, or other Provider, your Providers may charge you significantly more than normal. In that case, Slickcall is not responsible.
3.6. Account and receipt
When you log in to your account, you'll see details about your use of the Services, such as payments made, call history (for a short time), current balance, and so on. In addition, Slickcall may send you an e-mail receipt for payments made for the Services ("Account Records"). Please keep in mind that the Account Records are the only statement of the Account, as well as the activities related to the Account, that Slickcall will provide you. You are responsible for printing and/or saving copies of your Account Records, as well as keeping copies for your personal records.
Slickcall will make every attempt to resolve any technical issues with the Account Record within a reasonable amount of time. Your inability to see the Account Records, however, does not relieve you of or extend your duty to pay Slickcall any amounts due.
All Slickcall customers in Australia have the option of appointing an Authorized Representative to assist them in discussing or making changes to their account. For further information about establishing an Authorized Representative, please contact Slickcall customer care.
3.7. Expiration of credits
A credit balance on the Account will expire 12 months from the last activity of the Services, thus indicating that any credit balances not used during that time will be lost.
- TERMINATION AND SUSPENSION
You may terminate the Terms of Service at any time, either through your Account settings or by sending Slickcall a termination notification to [email protected] (the Account will be canceled within five (5) days of receipt of such notice). Slickcall may, without limiting its other remedies, modify, limit, suspend, discontinue, or terminate your use of all or any part of the Services and/or the Terms of Service at any time, with or without notice, and without recourse to the courts or other court of law for any reason or no reason, including, without limitation, if Slickcall reasonably suspects that you are:
- Violating any of the Terms of Service and/or Partner Agreements terms and conditions
- Breaking the law or infringing on the rights of others by using the Services
- Attempting to take advantage of or abuse any of our policies in an unfair manner
- Using the Services fraudulently, or that a third party is using your Account fraudulently
- Causing issues or legal ramifications (actual or potential)
- Delayed in paying any fees owed for the Services
- Participating in deceptive, immoral, or unlawful behavior
- Subject to any bankruptcy, insolvency, liquidation, or similar proceedings
- Excessive consumption, billing inconsistencies, or misuse of service promotions or campaigns.
In addition, in the following circumstances, Slickcall may immediately alter, suspend, or cancel all or part of the Services without obligation to you:
- Slickcall's assets are sold, a group company is formed, or the company is restructured.
- If necessary, by a regulator or authority having a legal mandate in a specific jurisdiction due to a change in laws/regulations
- If any of Slickcall's service suppliers demand it
You know and acknowledge that Slickcall is under no duty to offer the Services and that Slickcall will not be liable to you or any other party if the Services or the Terms of Service are limited, suspended, discontinued, or terminated, or modified. If the Account has been inactive for more than one (1) year, Slickcall retains the ability to deactivate it at its sole discretion.
If the Terms of Service are terminated for any reason, you must immediately cease all activities authorized by the Terms of Services, including your use of any Services; you must immediately delete or remove the App, Software, and other parts of the Services (where applicable) from all Devices, and destroy all copies of the same in your possession, custody, or control. In conjunction with the termination of your Account, Slickcall may, in its sole discretion, block you from accessing the Account or other aspects of the Services. Slickcall is under no duty to save or back up any of your data, content, or account history. Slickcall advises that you back up your data and information as often as you see fit.
Without prior notice to you, Slickcall may assign all or part of your rights and/or responsibilities under the Terms of Service. Without Slickcall's prior written consent, you may not assign any rights or obligations under the Terms of Service to any other person.
5.2. Limitation of Liability
IN NO EVENT SHALL SLICKCALL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICES, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF MONEY, DATA, GOODWILL, REPUTATION, BUSINESS INFORMATION OR BUSINESS PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISE UNDER THE TERMS OF SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SLICKCALL'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES THAT ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISE UNDER THE TERMS OF SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO US FOR THE SERVICES. IN THE FIVE (5) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND (5 000) EUROS IN ALL CASES. (OR TEN (100) EUROS IF THE SERVICES WERE PROVIDED TO YOU FOR FREE).
These limits and exclusions apply even if this remedy does not fully compensate you for any losses or fails to fulfill its basic purpose, or if we knew or should have known that damages were possible. These restrictions and exclusions apply to anything or any claims relating to these Terms of Service, the Services, the Site, the App, or the software related to the Services to the maximum extent permitted by law.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree to protect, defend, and hold Slickcall and its subsidiaries, affiliates, officers, directors, employees, and agents, as well as any other service provider who provides assistance to you in connection with the Services, harmless from any third-party claim or demand or governmental investigation or enforcement action (including, without limitation, reasonable costs, expenses, and attorneys' fees) due to or arising out of your use of the Services (including, without limitation, your use of the Services).
5.4 Applicable law and dispute resolution
These Terms of Service, and any claims or causes of action (whether in contract, tort, or statute) based on, emerging out of, or related to these Terms of Service, the Services, the Site, or the App, shall be administered by and enacted in accordance with the internal laws of the State of New York, including its statute of limitations, without regard to any conflicts of law provisions that require the application of the law of another jurisdiction. Furthermore, unless otherwise forbidden by law, you must file a demand for arbitration within two years of the date of the occurrence or circumstances giving rise to the dispute, or you lose your ability to pursue that claim.
- Prior to seeking arbitration, the party must first send to the other party a formal Notice of Disagreement ("Notice") explaining the nature and basis of the claim or dispute, as well as the requested relief. A notice should also be sent to Slickcall. You and Slickcall may attempt to resolve the claim or dispute informally after receiving the Notice.
- If you and Slickcall do not reach to an agreement to resolve the claim or disagreement within the time period of thirty (30) days of receiving the Notice, then any party may initiate an arbitration action.
- The amount of any settlement offer made by any party cannot be revealed to the arbitrator until the arbitrator itself has established the amount of the award to which each party is entitled.
CONFLICT BETWEEN SLICKCALL AND YOU
Any and all claims, disputes, or controversies (collectively, "Claim") between you and us, including our (if any) subsidiaries, agents, employees, predecessors in interest, successors, affiliates, or assignees, along with authorized or unauthorized users or beneficiaries of Services, matters related in any way to the Terms of Service, your use of the Services, or otherwise, regardless of how described, pleaded, or styled, shall be finally and exclusively resolved by the American Arbitration Association ("AAA") who will conduct a confidential individual arbitration in your state of residence under its Consumer Arbitration Rules (the "AAA Rules") at a venue that is reasonably convenient for both parties.
If arbitration is requested, the arbitrator will determine each party's rights and liabilities, if any, and the dispute will not be aggregated with any other matters or cases or parties. The arbitrator has the power to grant motions that are definite of all or part of a claim. The arbitrator has the authority to award monetary damages and any non-monetary remedy or relief that an individual may be entitled to under applicable law, the AAA Rules, and these Terms of Service. The arbitrator will issue a written award and statement of decision outlining the key facts and conclusions that led to the award, as well as the amount of any damages awarded.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration clause will survive either (I) the termination of these Terms of Service or (ii) any party's bankruptcy. The remaining elements of this arbitration agreement will remain in effect if any part of it is found to be defective or unenforceable. Any other arbitration agreement must be agreed to in writing and signed by both parties. This arbitration agreement is based on an interstate commerce transaction and will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16.
5.5 Entire Agreement
The Terms of Service constitute the entire agreement between you and Slickcall with respect to your use of the Sites, the App, Accounts, and any other aspect of the Services, and completely replace all prior offers, understandings, agreements, and representations with respect to the Service or any other subject matter covered by the Terms of Service. All commitments made to you by our client services agents, representatives, or employees are replaced by the Terms of Service. Slickcall reserves the right to change or amend the Terms of Service as defined below or with Slickcall's written consent.
The headings in the Terms of Service are for reference only and shall not be intended to limit or impact any of the Terms of Service's provisions.
5.7 Translations of the Terms of Service
Slickcall may offer you a translation of the English language version of the Terms of Service for your ease (available at www.slickcall.com). If a non-English version of the Terms of Service conflicts with the English version, the English version will manage your relationship with Slickcall.
If we do not demand that you perform any of your responsibilities under the Terms of Service, or if we do not enforce our rights against you, or if we do so slowly, it does not indicate that we have waived our rights against you or that you are not required to comply with those requirements. If we waive your default, we will only do so in writing, and this does not mean that we will automatically waive any future default by you.
5.8 Ability to Contract
You hereby confirm that you are completely capable and competent to enter into the Terms and Conditions, as well as to abide by and comply with them.
5.9 Force Majeure
You confirm and agree that Slickcall will not be in breach of any of its duties to you under the Terms of Service or elsewhere if it is unable to offer the Services due to a force majeure occurrence. Any occurrence outside Slickcall's control is considered a force majeure event.
5.10 Communication between us
If you need to contact Slickcall or if any of the Terms of Service require you to provide us notice in writing, you can send it to [email protected]. Slickcall may access your email address in the Account, and also any mail address or other address provided by you in connection with your use of the Account, the Sites, or other elements of the Services, or otherwise submitted to us in your contacts with Slickcall, to send any notices to you. You agree to use electronic communication to enter into contracts, place orders, and establish other records, as well as to receive notices, policies, updates, and transaction records from Slickcall.
- FAIR USAGE POLICY
This policy is intended to maintain the Slickcall network's quality and integrity while also ensuring that all customers have equal access. We may rely on our Fair Use Policy, in cases where your consumption as part of a plan or promotional offer is detected as 'unreasonable' or 'excessive' as defined by us. We restrain the authority to change the terms of the Fair Use policy at our discretion periodically.
- The services which fall under the scope of our Fair Use Policy. If we believe your use of Services is excessive and/ or unreasonable as described in this section, we may apply our Fair Use Policy.
- Our Fair Use Policy has been created using average user profiles and predicted consumer usage of our Services.
- Your use of our Services will be considered excessive and/or unreasonable if it exceeds projected use patterns for a given month or is inconsistent with regular usage patterns.
- If we find that you are using our Services in an excessive and/or unreasonable manner, we may contact you to warn you regarding the violation of our Fair Use Policy.
- We may then ask you to cease or modify your usage in order to comply with our Fair Use Policy.
- We may charge your account for the excessive and unreasonable elements of your usage; modify, or restrict your use of the Services, or we may withdraw your access to the Services if your excessive or unreasonable usage continues after we receive a request to stop or alter the nature of such usage.
- You must pay us the normal applicable retail charge computed from the date of the breach if we believe you are in violation of this Fair Use Policy on reasonable grounds. You must pay us the difference between the normal applicable retail rate and the amount you have already paid us if you have previously paid us for such Services.